2007 California Business and Professions Code Article 2. Administration

CA Codes (bpc:7501-7501.8)

7501.  There is in the Department of Consumer Affairs a Bureau of
Security and Investigative Services.  The bureau is under the
supervision and control of the director.  The director shall
administer and enforce the provisions of this chapter.




7501.05.  Protection of the public shall be the highest priority for
the Bureau of Security and Investigative Services in exercising its
licensing, regulatory, and disciplinary functions.  Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.




7501.1.  The Governor shall appoint a chief of the bureau at a
salary to be fixed in accordance with Section 12080.3 of the
Government Code.  The chief shall serve under the direction and
supervision of the director.



7501.2.  Every power and duty granted to or imposed upon the
director under this chapter may be delegated to the chief, except
that the director may not delegate authority to adopt or otherwise
act upon any proposed decision of a hearing officer after a hearing
under the provisions of Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. The chief may
delegate any power or duty granted to or imposed upon him or her
under this chapter to the deputy chief, to the assistant chief, or to
any inspection, investigation, or auditing personnel of the bureau.



7501.3.  The director, in accordance with the State Civil Service
Act, and Section 159.5, may appoint and fix the compensation of such
clerical, inspection, investigation, and auditing personnel, as well
as an assistant chief, as may be necessary to carry out the
provisions of this chapter.  Except as otherwise provided in Section
159.5, all personnel shall perform their respective duties under the
supervision and direction of the chief.



7501.4.  The chief shall gather evidence of violations of this
chapter and of any rule or regulation established pursuant to this
chapter by persons engaged in the business of repossession who fail
to obtain licenses and shall gather evidence of violations and
furnish that evidence to the prosecuting officers of any county or
city for the purpose of prosecuting all violations occurring within
their jurisdiction.
   The chief, with the approval of the director, may require the
attendance of witnesses and examine under oath all persons whose
testimony he or she requires, relative to the affairs of a licensee
or to the subject matter of any examination, investigation, or
hearing.


7501.5.  It shall be the duty of the chief to initiate and conduct
investigations into the business and affairs of licensees on the
chief's own motion.


7501.6.  The director may establish and enforce such rules and
regulations as may be reasonable and necessary for the examination
and licensing of applicants, for the conduct of licensees, and for
the general enforcement of various provisions of this chapter in the
protection of the public.



7501.7.  If, upon investigation, the director determines that a
licensee, a qualified certificate holder, or a registrant is in
violation of Section 7508.1, 7508.2, 7508.3, 7508.4, 7508.5, or
7508.6, the director may issue a citation to the licensee, qualified
certificate holder, or registrant.  The citation shall be in writing
and shall describe with particularity the nature of the violation,
including specific references to the provision of law determined to
have been violated, and shall be delivered by certified mail to the
licensee's, qualified certificate holder's, or registrant's address
of record.  If the citation is issued to the qualified certificate
holder or registrant, a copy of the citation shall also be sent by
certified mail to the licensee's address of record.  If the director
deems it appropriate, the citation may contain an order of abatement
fixing a reasonable time for abatement of the violation and may
contain assessment of an administrative fine not to exceed two
thousand five hundred dollars (,500).
   A citation or fine assessment shall inform the licensee, qualified
certificate holder, or registrant that if he or she desires a
hearing to contest the finding of a violation, the hearing shall be
requested by written notice to the director within 30 days of the
issuance of the citation or assessment, as appropriate.  Any request
for reconsideration received in writing by the director within the 30
days shall stay the 30 days allowed to request a hearing while the
director reconsiders the fine assessment.  Upon decision, the
director shall notify the licensee, qualified certificate holder, or
registrant in writing whether the fine assessment has been withdrawn
or the fine assessment has been reaffirmed.  If the fine assessment
has been reaffirmed, the director shall again inform the licensee,
qualified certificate holder, or registrant in writing that he or she
has 30 days to request a hearing.  If a hearing is not requested
pursuant to this section, payment of any fine shall not constitute an
admission of the violation charged.  Hearings shall be held pursuant
to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code.
   If the licensee, qualified certificate holder, or registrant
neither requests a hearing nor pays the assessed fine within 30 days
of the assessment, the license, qualification certificate, or
registration of the person shall not be renewed pursuant to Section
7503.10 and no registration shall be issued pursuant to Article 7
(commencing with Section 7506) until the assessed fine is paid.
   Administrative fines collected pursuant to this section shall be
deposited in the Private Security Services Fund.



7501.8.  (a) When considering the denial of a license, registration,
or certificate under Section 7503.5, for which application has been
made under this chapter, the director, in evaluating the
rehabilitation of the applicant and the applicant's present
eligibility for a license, registration, or certificate, shall
consider the following criteria:
   (1) The nature and severity of the act or crime under
consideration as grounds for denial.
   (2) Evidence of any act committed subsequent to the act or crime
under consideration as grounds for denial, which also could be
considered as grounds for denial under Section 7503.5.
   (3) The time that has elapsed since commission of the act or crime
referred to in paragraph (1) or (2).
   (4) The extent to which the applicant has complied with any terms
of parole, probation, restitution, or any other sanctions lawfully
imposed against the applicant.
   (5) Evidence, if any, of rehabilitation submitted by the
appplicant.
   (b) When considering the suspension or revocation of a license,
registration, or certificate issued under this chapter on the grounds
of conviction of a crime, the director, in evaluating the
rehabilitation of the person and the person's present eligibility for
a license, registration, or certificate, shall consider the
following criteria:
   (1) Nature and severity of the act or offense.
   (2) Total criminal record.
   (3) The time that has elapsed since commission of the act or
offense.
   (4) Whether the licensee has complied with any terms of parole,
probation, restitution, or any other sanctions lawfully imposed
against the licensee.
   (5) If applicable, evidence of expungement proceedings pursuant to
Section 1203.4 of the Penal Code.
   (6) Evidence, if any, of rehabilitation submitted by the licensee.

   (c) When considering a petition for reinstatement of a license,
registration, or certificate, the director shall evaluate evidence of
rehabilitation, considering those criteria of rehabilitation listed
in subdivision (b).